RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070018182 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea M. Nuppenau

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Legion of Merit.

2.  The applicant states that the award was left off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) due to administrative oversight.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 30 April 1973.

	b.  Headquarters, Eighth United States Army, General Orders Number 582, dated 22 November 1972, and accompanying Citation showing he was awarded the Legion of Merit. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant is a retired lieutenant colonel (LTC)/O-5 who was commissioned on 2 June 1952 as an Armor officer.  He held various key command and staff positions leading Soldiers worldwide until he retired on 30 April 1973 as an Army aviator.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Bronze Star Medal, the Meritorious Service Medal, the Air Medal, the National Defense Service Medal (1st Oak Leaf Cluster), the Vietnam Service Medal, the Armed 

Forces Expeditionary Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Master Aviator Badge.  Item 13 does not show award of the Legion of Merit.

4.  Headquarters, Eighth United States Army, General Orders Number 582, dated 22 November 1972, shows that the applicant was awarded the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service from 12 November 1971 to 10 December 1972. 

5.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

6.  Item 17 (Foreign Service) of the applicant's DA Form 66 (Officer Qualification Record) shows that, in addition to one overseas tour in Germany, the applicant  served in Korea (twice) and in the Republic of Vietnam as follows:

	a.  Korea – from 3 August 1961 to 2 October 1962, he was assigned to Headquarters, 2nd Transportation Terminal Command and Headquarters, 7th Logistical Command;

	b.  Republic of Vietnam – from 16 August 1965 to 9 July 1966, he was assigned to Company C, 15th Transportation Corps Battalion, 1st Cavalry Division; and

	c.  Korea – from 27 September 1971 to 26 October 1972, he was assigned to Headquarters, Eighth United States Army.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land  and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.  Only one award of the KDSM is authorized for any individual. 

8.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

9.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Advisory, the Vietnam Defense, the Vietnam Counteroffensive, and the Vietnam Counteroffensive, Phase II campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 15th Transportation Corps Battalion was awarded the Presidential Unit Citation during the period 23 October 1965 through 26 November 1965 based on Department of the Army General Orders Number 40, dated 1967.

11.  Headquarters, 1st Armored Division, Special Orders Number 201, dated 23 September 1960 show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar on 6 September 1960.

12.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar. 

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders show the applicant was awarded the Legion of Merit for meritorious service from 12 November 1971 to 10 December 1972, prior to retirement.  Therefore, he is entitled to correction of his records to show this award.

2.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

3.  The applicant's record shows he was assigned to 15th Transportation Battalion during the period 16 August 1965 to 9 July 1966.  The Unit Citation and Campaign Participation Credit Register show that the 15th Transportation Corps Battalion was awarded the Presidential Unit Citation during the period 23 October 1965 through 26 November 1965.  Therefore, he is entitled to correction of his records to show this award.

4.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is entitled to correction of his records to show this award. 

5.  Evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of two Overseas Service Bars.  Therefore, he is entitled to correction of his records to show these awards.

BOARD VOTE:

__rtd___  __gjp___  __rmn___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Legion of Merit, the Presidential Unit Citation, two 

Overseas Service Bars, the Sharpshooter Marksmanship Qualification Badge with Pistol Bar and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




						Richard T. Dunbar
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.